How Do I Apply for Patent Protection?

A patent is a specific form of intellectual property that protects inventions. If you are an inventor in the UK, you may wonder how easy it is to apply for patent protection and whether it is essential. The danger with not patenting your inventions is that someone else may steal your idea and profit from it. This article explains all about the UK patent application process.

Obtaining a Patent

To be eligible for patent protection, your invention must be:

• something that is designed to be made or used in any industry;
• something new, meaning no one has already come up with this invention; and
• truly inventive, or involve an inventive step. 

While this last step may seem obvious, it is vital. It means something you invented must not be evident to someone else.

A patent makes it much easier for you to take legal action if anyone else tries to copy or market your invention without your permission. The patent application process is quite complex and time-intensive. It can also be expensive, as it is highly recommended you seek the advice of a patent attorney. Not taking professional advice can leave you with poor patent protection if the scope of your application is incorrect or the description of your invention is not specific enough. For this reason, the IPO advises the overall cost of a patent application as being in the region of £4,000.  

Patent Process

You can apply for a patent online through the UK Intellectual Property Office (IPO). However, before you apply for a UK patent for your invention, you should check to ensure that no one else has patented the same or a similar invention. The UK patent application process has several steps, as detailed below.

1. Your Patent Application

First, you need to complete your patent application. This will consist of the following:

• a detailed description of your invention, preferably with illustrative drawings that enhance your written explanations; 
• ‘claims’, which set out your invention’s scope and technical features to show how your invention differs from known products; and
• an ‘abstract’ which summarises all of the technical characteristics of your invention.

2. File your Patent Application and Request a Search

Once you are happy with your application, you can file it online. Afterwards, you will receive an acknowledgement and filing receipt. This document is essential as this is the date your patent will apply if granted.  

You also need to request the IPO to make a formal patent search for your invention. You can do this at the same time as filing your application, or if you wish, you can do so later. However, you must request the search within 12 months of your filing or priority date. 

A priority date is the filing date of an earlier application made and withdrawn. If this is your first application, the relevant date is when you filed your application. It is usually quicker to request your search when you file your application.

3. Search Report and Publishing 

Within six months of filing your patent application, you will receive your search report from the IPO. This tells you whether the examiner believes your product is new and inventive. 

Once you have reviewed this document, you can decide whether or not you wish to proceed with your application. You must withdraw your application if you are concerned about anything raised in the IPO’s search report. Withdrawing the application will allow you to make changes to your invention and reapply for your patent later.

If there is nothing of concern in the report, the IPO will publish your application in the Patents Journal 18 months after your initial filing date. Your invention will now be considered public knowledge, and you will not be able to apply for a patent for that application, as it will no longer be ‘new’.

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4. Substantive Examination

The next step is to request a substantive examination within six months of the publication of your application. This is a formal examination that investigates whether your invention is new and inventive enough to be awarded a patent. It could take up to two years to check that the description and claims you made match your invention.  

Once complete, you will receive the examiner’s report containing any objections to your application. You must overcome these objections and respond to the examiner accordingly. At this stage, the examiner will either accept your application and grant your patent or send you an amended examination report. 

5. Receiving Your Patent

Once the examiner is happy and has no more objections for you to overcome, your application will be accepted and your patent granted. Initially, your patent will be in place for four years. After that, you need to renew it every year, up to a maximum of 20 years. 

Key Takeaways

A patent is a business asset you can benefit from financially, even if you decide not to make and sell your invention. However, patents are a complex area of intellectual property protection, and the registration process is challenging. Not only will you need to prove that your invention is new and inventive, but you will also need to consider how to describe it and its scope. You must do this to stand the best chance of a successful patent application.

Frequently asked questions